June 25, 2025 | New Delhi, The Supreme Court of India has taken suo motu cognizance of the growing trend of investigating agencies summoning lawyers in connection with cases involving their clients. The Court strongly observed that such actions pose a direct threat to the autonomy of the legal profession and the administration of justice.
A Bench comprising Justices K.V. Viswanathan and N. Kotiswar Singh issued this directive while hearing a plea filed by a lawyer who the Gujarat Police had summoned in connection with a case involving his client.
Court’s Preliminary Observations
The Bench remarked:
“Permitting the investigating agencies/police to directly summon defence counsels or lawyers who advised parties in a given case would seriously undermine the autonomy of the legal profession and would even constitute a direct threat to the independence of the administration of justice.”
The Court emphasized that such actions are prima facie untenable, and said it would require comprehensive legal scrutiny.
Key Questions Framed by the Court
The Bench formulated two critical questions for deliberation:
- Can investigating agencies summon an individual who is associated with a case only in the capacity of a legal advisor or defence counsel?
- Even if the agency believes the individual’s role goes beyond legal advice, should such cases require judicial oversight before summoning the lawyer?
The Court underlined that these issues go to the heart of the justice delivery system, noting:
“Both these issues need to be addressed in a comprehensive basis because what is at stake is the efficacy of the administration of justice.”
Assistance Sought from Senior Legal Stakeholders
Recognizing the gravity of the matter, the Court called upon the following for assistance:
- Attorney General for India: R Venkataramani
- Solicitor General of India: Tushar Mehta
- Chairman, Bar Council of India (BCI): Manan Kumar Mishra
- President, Supreme Court Bar Association (SCBA): Vikas Singh
- President, Supreme Court Advocates-on-Record Association (SCAORA): Vipin Nair
The matter is to be placed before the Chief Justice of India (CJI) for further directions.
Interim Relief Granted
The Bench granted interim protection to the lawyer who approached the Court:
“There shall be a stay on the High Court order and a stay on the operation of summons and any other notices issued to the petitioner.”
Backdrop: ED Summons to Senior Advocates Sparked Outcry
This suo motu action follows recent controversy involving the Enforcement Directorate’s (ED) issuance of summons to Senior Advocates Arvind Datar and Pratap Venugopal. These summons related to an investigation into the Employee Stock Option Plan (ESOP) granted by Care Health Insurance Ltd (CHIL) to Rashmi Saluja, the former Chairperson of Religare Enterprises.
The ED withdrew the summons following strong opposition from bar associations across the country, which passed resolutions decrying the move. Subsequently, the ED issued a circular instructing officials not to summon advocates in violation of Section 132 of the Bharatiya Sakshya Adhiniyam, 2023.
Additionally, SCAORA had written to CJI BR Gavai, urging the Court to intervene suo motu, citing the increasing frequency of such incidents.
Legal Significance
This development marks a crucial moment in safeguarding the independence of the legal profession and reinforcing the constitutional balance between state investigative powers and the rights of legal practitioners. The Supreme Court’s intervention may lead to the formulation of judicial safeguards ensuring that lawyers are not targeted merely for representing clients, especially in sensitive or high-profile matters.
